3 VAR 8000 Audubon RoadCiTY OF
PC DATE: 9/1/99
CCDATE: NA
CASE #: 99-11 VAR
By: Gcnerous:v
STAFF REPORT
PROPOSAL:
LOCATION:
APPLICANT:
Request for a twenty (20) foot variance from the 50 foot front yard setback
required in the HC-2 district for the construction of an enclosure for the
separation of the sanitation and-storm sewers.
8000 Audubon Road
C. F. Haglin
4005 West 65th Street
Edina, MN 55435
(612) 920-6123
The Pillsbury Company
8000 Audubon Road
Chanhassen, MN 55317
PRESENT ZONING:
ACREAGE:
IOP, Industrial Office Park, and HC-2, Highway Corridor District
60 acres +/-
m
ADJACENT ZONING
AND LAND USES:
WATER AND SEWER:
PHYSICAL CHARACTER:
2000 LAND USE PLAN:
N: IOP, vacant
S: IOP, vacant
E: IOP, vacant
W: IOP, vacant
Available to the site
The site is developed with the Pillsbury manu.facmring
building.
Office/Industrial
SNAPDRAGON DR
M~lynn Dr
Coulter Blvd
Park
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few Court
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Pillsbury Variance
Sept 1, 1999
Page 2
APPLICABLE REGULATIONS
Section 20-1462 (2) On buildings that about either of the access boulevards parallel to Highway
5, the minimum building setback from the boulevard right-of-way shall be fifty (50) feet.
BACKGROUND
In 1999, Pillsbury expanded the parking lot area in the northwest comer of the site, added a track
mm around area in the southwest comer of the site, and revised the track parking area south of
the building to accommodate additional trailers.
In 1998, Pillsbury Bakeries added flour storage tanks in the loading dock area located in the
southeast corner of the building.
On October 9, 1995, the city approved a 48,800 square foot expansion to the storage, freezer, and
shipping and receiving docks for Pillsbury Bakeries, Site Plan Review #95-17.
In December 1994, Pillsbury Bakeries received administrative site plan approval for a 5,500
square foot expansion of the employee facilities.
In September 1992, McGlynn's Bakery received administrative approval for construction of CO2
storage tank along the south side of the building.
On November 19, 1990, the city approved a conditional use permit (#88-2) for a food processing
facility in an IOP district and site plan (#88-3) amendments for a 53,000 square foot production
area and a 3,600 square foot refrigeration/equipment room expansion.
On August 8, 1988, the city approved Subdivision #88-13 creating Lot 1, Block 1, McGlynn
Addition, and two outlots, and site plan approval (#88-3) for a 161,700 square foot building for
office, warehouse and food processing for McGlynn's Bakery.
PROPOSAL SUMMARY
The applicant is requesting a 20 foot variance from the 50 foot front yard setback for the
construction of an enclosure for the trash and recycling loading docks and storm sewer on the
northwest elevation of the building. The building addition would be constructed of the precast
concrete panels similar to the existing building. The building height is approximately 34 feet.
This proposed addition extends approximately 20 feet into the required 50 foot front yard setback
required by the HC-2 district regulations. The proposed addition would enclose the track docks
for food waste, garbage, plastic, and cardboard trailers.
Initially, staff had thought that the existing building was constructed at the 30 foot setback. The
majority of the existing building meets the setback requirements for the HC-2 district. A wing
wall to the east encroaches into the required 50 foot setback. It appears that 80 percent of the
Pillsbury Variance
Septl, 1999
Page 3
proposed expansion, four out of five docks, could occur within the required 50 foot setback and
only the fifth dock encroaches into the setback. Staff is cognizant of the restraints on locating
this facility on the site due to the existing building and operational layout of the plant.
A hardship occurs when the owner does not have a reasonable use of the property. A reasonable
use is defined as the use made by a majority of comparable property within 500 feet. A "use" can
be defined as "the purpose or activity for which land or buildings are designed, arranged or
intended or for which land or buildings are occupied or'maintained." In this case, a reasonable
use is an industrial building. The proposed enclosure of the sanitary facilities is a reasonable and
required facility in a manufacturing operation.
Staff requested that the applicant provide the city with additional background regarding
operational requirements that may justify the granting of the variance. To this end, the applicant.
states, "The five door expansion is required by Good Manufacturing Practice for food plants.
Good Manufacturing Practices stipulate that 'waste must be removed promptly and cannot be
allowed to accumulate within a food plant and waste handling practices must prevent the
possibility of cross contamination of incoming ingredients and packing'." The existing plant
configuration does not guarantee prevention of cross contamination. Due to the large amounts of
waste generated on site, there appears to be a need for the five "sanitary" docks being proposed.
Staff commends the applicant for the proposed enclosures around their waste facilities and is
recommending approval of the variance.
LANDSCAPING/TREE PRESERVATION
The proposed building expansion will impact existing trees. These trees must be replaced on
site. Pursuant to city ordinance, section 18-61 (c) (10) such replacements shall be on a two to
one ratio. Prior to the issuance of a building permit, the applicant shall submit a landscaping
plan for city review and approval. The plan should be designed to soften the building elevation
and help screen the condenser units located east of the proposed expansion.
GRADING AND DRAINAGE
The proposed building expansion will involve earthwork activities such as grading and
construction of a retaining wall. In addition, storm sewer will need to be realigned and extended
around the proposed building. The plans are rather incomplete and need to provide more data
such as storm sewer design (type of material, diameter of pipe, elevation of grade, etc.). A
grading, drainage and erosion control plan shall be prepared and submitted for review and
approval in conjunction with the building permit application. The retaining wall appears to range
in height from'zero to nine feet high. Retaining walls in excess of four feet in height are required
to be engineered and a separate building permit applied for.
Pillsbury Variance
Sept 1, 1999
Page 4
TRAFFIC
Parking lot expansion for truck loading docks will only add additional congestion to a bottleneck
situation in the parking lot. Staff is somewhat concerned with traffic flows in this area. Due to
truck turning movements, it appears it is necessary to have a turnaround on the west side of the
drive aisle as well. Again, the drawings do not propose any elevations or show grading. This
should all be incorporated into the grading, drainage and erosion control plan.
UTILITIES
Municipal sewer and water service is available to the site. The plans do not indicate whether or
not additional utility service is necessary for the building expansion. If utilities are .necessary the
plans shall be revised accordingly. Permits for-any utility extension will be required.
FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
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That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre-existing standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: Due to the operational requirements of the manufacturing plant and the existing
configuration of the building, a hardship exists in the merging of ordinance requirements
and the sanitary requirements of the facility. Had the city not adopted the Highway Corridor
District regulations in 1996, the variance request would not be necessary.
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions upon which this variance is based are applicable to all properties
in the HC-2 zoning district. However, this property was originally developed under IOP
district regulations which require a 30 foot front setback.
The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The purpose of this request is to construct an enclosure for the sanitation and
storm sewer areas of the plant in furtherance of environmental standards.
Pillsbury Variance
Sept 1, 1999
Page 5
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is due to a change in the required setbacks based on the Highway
Corridor District adoption in 1996.
eo
The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel is located.
This area will eventually develop with other office and industrial properties. The additional
landscaping being planted will help soften the building and screen the condenser units from
public view.
The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The variation will not impair an adequate supply of light and air to adjacent
properties or substantially increase the congestion of the public streets or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission approves Variance #99-11 for a 20 foot variance from the 50 front yard
setback for the construction of a sanitation dock enclosure addition, plans prepared by Setter Leach
& Lindstrom dated 07/28/99, based upon the findings presented in the staff report and subject to the
following conditions:
The applicant shall replace the trees being lost due to the expansion on a two to one ratio.
Based on the grading plan dated 8/20/99 submitted to the city, the replacement trees include
eight (8) conifers and 12 deciduous trees. These replacement trees shall be located to soften the
building elevation and help screen the condensing units to the east. A landscape plan shall be
submitted to the city for review and approval prior to the issuance of the building permit.
A grading, drainage and erosion control plan needs to be submitted in conjunction with the
building permit application. Details such as retaining wall height, parking lot grades and
erosion control measures need to be denoted on this plan.
Pillsbury Variance
Sept 1, 1999
Page 6
3. The plans shall be revised to show specific utilities that will be extended through the site.
4. Permits from the Building Department will be required for relocation and extension of the
storm sewer system."
ATTACHMENTS
1. Development Review Application
2. Letter from Dennis R. Wendt to Planning Commission dated August 23, 1999
3. Letter from Dennis R. Went to the Planning Commission dated July 28, 1999
4. Sanitary Disposal Dock Area, Sheet C-1
5. Sanitary Disposal Dock Area, Sheet C-2
6. Sanitary Disposal Dock Area, Sheet A-1
7. Sanitary Disposal Dock Area, Sheet C- 1, Grading Plan
8. Sanitary Disposal Dock Area, Sheet A201, Elevations Sections and Details
\\cfs 1 \vol2\plan\bg\Pillsbury Var. 99-11 .doc
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
JkP?UCA31T: C.F. Hagl in
2kDDRF_~SS: 4005 West 65th St.
Edina,' MN'55435.
~HONE (Daytime) 920-6123
OWNER: ~he. Pi l'l sbury Company
ADDRESS: 8000 Audubon Road
Chanhassen, MN 55317
TELEPHONE:
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permil
Vacation of ROW/Easements
interim Use Permit X Variance
Non-conforming Use Permit
Wetland Alteration Permit
P~anned Unit Development'
Zoning Appeal
Re. zoning
Zoning Ordinance Amendment
, . Sign Permits ,
Sign Plan ReView ~ Notification Sign
.SiIe Plan Review' X
Escrow for Filing Fees/Attorney Cost"
($50 CU PIS p PJVACA/AR/WAP/Ivletes
and Bounds, $400 Minor SUB)
Subdiv'~sion' TOTAL FEE $ 125.00
· ~,~st of ali property owners within 500 feet of the boundaries of the property must be included with the
~p~ication. _ .Request that City does mailing and bills C,F..Haglin,
]~u]I~ng material samples must be submitted with site plan reviews.
~-wenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of
Iransparency for each plan sheet.
"~ ~.scrow will be required for other applications through the development contract
~'40TE-%fher~ multiple applications are processed, the appropriate fee shall be charged for each application.
' NOTE - When muttiple applications are processed, the appropriate fee shall be charged for each application.
~'RDJECTNAME Sanitation Dock Addition, The PillsburY Company
LOCATION 8000 Audubon Road, Chanhassen, HN
~ F:GAL DESCRIPTION
PRESENT ZONING Industrial .Office Park with H,C..:2 OverlAy_
1:tEQUESTEDZONING Variance-from 50' setback, to 30' setback
:PRESENT LAND USE DESIGNATION
~EOUESTED LAND USE DESIGNATION
~EASON FOR THIS REQUEST To allow fee owner enough site area to encloSe..~their sanitation
-- docl< for the separation of their sanitary and §t'orm' sewer, "'
This application must be completed in full and be typewritten or cleady printed and must be accompanied by all information
and plans required by applicable C~y Ordinance provisions. Before filing this application, you should, confer with the
.P~anning Department to determine the specific ordinance and procedural requirements applicable to your application.
This is 1o certify that 1 am making applicatio6 for the described action by the C~ and that I am responsible fo~'corrplying
'with all City requirements with regard to this request. This application should be processed in my name and I am the party
whom the City should contact regarding any matter pertaining to this application, i have attached a copy of proof of
ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the
authored person to make this application and the fee owner has also signed this application.
I w~l 'keep myself informed of the deadlines for submission of matedal and the progress of this applic,~tion. ! further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate pdor to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best
of m.¥ knowledge.
! also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded
against the t~tle to the property for which the approvaVpermit is granted within 120 days w~th the Carver County Recorder's
Office ano~Ihe original document retumed to City Hall Records.
.... ~, // ~ -
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/..f'i ../&'.:
Signature of-ApP]icant~ : ,/ Date
Signature of Fe'e OWner
App'icat, on Received on '7/3~)/~ Foe Paid
"'The applicant should contact staff for a copy of the staff report which will be aval[able on FHday prior to the
3aeetlng. JJ not contBcted, a copy of the report will be mailed to the applicant's address.
'? ., ~., -
Date
August 23, 1999
Planning Cormnission
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
1100 Peavey Building
730 Second Avenue South
Minneapolis, MN 55402-2454
tel: 612 338.8741 fax: 612 338.4840
web: www. setterleach.com
Re: The Pillsbury Co., Chanhassen, MN
Dear Commissioners:
The setback variance from 50' to 30' for the Pillsbury Company at 8000 Audubon Road,
Chanhassen, MN will allow Pillsbury en6ugh room to expand and enclose the sanitation
dock at the northwest corner of the building. The five-door expansion is required by
Good Manufacturing Practices for food plants. Good Manufacturing Practices stipulate
that "waste must be removed promptly and cannot be allowed to accumulate within a food
plant and waste handling practices must prevent the possibility of cross contamination of
incoming ingredients and packaging".
The sanitation dock addition consists of five dock positions,
One position is for trash. (compostables for a landfill)
· Two positions for food waste. (Provides continuos operation for removal of food waste
that is recycled into animal feed).
· Two positions are necessary for cardboard and other recyclable plastics.
Currently, waste that is reused such as plastic drums, buckets, fiber drums and steel drums
are stored in the receiving warehouse for pick up. Also waste that is recycled such as
cardboard, shrink-wrap and other plastics are stored and routed through the receiving
warehouse. This is not acceptable for the prevention of cross dock contamination.
Pillsbury generates over 107 tons of recycled cardboard each month. A designated door is
necessary so that mill-size bales are no longer stored anywhere within the plant.
The total of recydable plastic items handled through the receiving warehouse is at least 15
tons per month. The opportunity to increase this amount by several tons (mostly plastic)
exists when there is room and designated doors are available to handle these additional
item.
Senior Project Architect
xc: Gary Gunderson, Garth Weidall
J:\CLIF. NTS\1979\0030 l\OSkLTR\082399plan.doc
architecture
engineering
interiors
1100 Peavey Building
730 Second Avenue South
Minneapolis, MN 55402-2454
tel: 612 338.8741 fax: 612 338.4840
web: www. setterleach.com
July 28, 1998
Planning Commission
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Re: The Pillsbury Co., Chanhassen, MN
Dear Commissioners:
We are applying for a setback variance of 20' for the Pillsbury Company at 8000 Audubon
Road, Chanhassen, MN. The 20' variance will-allow us enough room to expand and
enclose the sanitation dock at the north west comer of the building. The original building
was placed on the site based on the building set back of 30'. The H.C.2 overlay setback of
50', adopted by the City in 1996, provides a "Undue hardship" to Pillsbury in that it does
not provide the original planned future expansion space required for this project.
See attached drawings C-l, C-2, and A-1 dated July 28, 1999. The prOposed sanitation
dock is being constructed to provide a positive separation of the storm sewer and the
sanitary sewer. The environmental pollution control agency has Strict requirements that
control what is, and the amount that is, discharged into the storm sewer. The sanitation
dock enclosure will give Pillsbury the ability to monitor and control everything that is
being discharged into both the sanitary and storm sewers and if need be they will have the
ability to dean up any spillage before it goes into the sewers.
The proposed building expansion construction and appearance will match the existing
building material and height. The north wall of the sanitation dock will be designed to be a
retaining wall so that the existing grades along Coulter Drive can be maintained. The Dock
addition will extend north toward the variance setback line of 30', as does the existing (city
required) screen wall that is around the existing condensing units. All site improvements,
building construction and paved driveways will be within the limits of the property lines.
The sanitation dock addition will enclose the trash container area so that it will no longer
be visible from Coulter Drive.
Senior Project Architect
Attachments
xc: Gary Gunderson, Garth Weidall
architecture
engineering
interiors
J:\CLIENTS\1979\0030 I\OS~LTR\07289drw.doc
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NOTICE OF PUBLIC HEARING
PLANNING COMMISSION MEETING
WEDNESDAY, SEPTEMBER '1, '1999 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL:
Request for Highway Corridor APPLICANT:
Setback Variance
LOCATION:
C. F. Haglin and Pillsbury Co.
8000 Audubon Road
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicants, C. F. Haglin and Pillsbury Company, are requesting a 20 foot variance from the
50 foot setback requirement of the Highway Corridor (HC-2) District regulation to permit the
enclosure of the sanitation dock at the northwest corner of the existing building on property
zoned lOP, Industrial Office Park and located at 8000 Audubon Road.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
developer's request and to obtain input from the neighborhood about this project. During the
meeting, the Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and' the Commission discusses project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact Bob at 937-1900 ext. 141. If you choose to
submit written comments, it is helpful to have one copy to the department in advance of the meeting.
,Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on August 19, 1999.
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